Cline v. Duffy
North Dakota Supreme Court
Appeal from District Court, Ramsey county; John F. Oowan, J. Appeal from an order refusing to vacate a judgment by default. Motion was made with sufficient promptness. Minnesota Thresher Mfg. Co. v. Holz, 10 N. D. 16, 84 N. W. 581; Wheeler v. Castor, 11 N. D. 347, 61 L.R.A. 746, 92 N. W. 381; Bloor v. Smith, 112 Wis. 340, 87 N. W. 870; Searles v. Christensen, 5 S. D. 650, 60 N. W. 29. There was no negligence on the part of attorneys to warrant denial of motion.
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Appeal from District Court, Ramsey county; John F. Oowan, J. Appeal from an order refusing to vacate a judgment by default. Motion was made with sufficient promptness. Minnesota Thresher Mfg. Co. v. Holz, 10 N. D. 16, 84 N. W. 581; Wheeler v. Castor, 11 N. D. 347, 61 L.R.A. 746, 92 N. W. 381; Bloor v. Smith, 112 Wis. 340, 87 N. W. 870; Searles v. Christensen, 5 S. D. 650, 60 N. W. 29. There was no negligence on the part of attorneys to warrant denial of motion. Whereatt v. Ellis, 70 Wis. 207, 5 Am. St. Rep. 164, 35 N. W. 314; 23 Cyc. Law & Proc. p. 942; Merchants’ Bank v. Mills, 3 E. D.…
1Opinion of the CourtFisk, J.
(after stating the facts as above). In the light of the above facts and showing, we are required to review the action of the trial judge in denying defendant’s application, and we must do this in accordance with well-settled rules repeatedly announced by this court in prior decisions, a brief reference to which will be here made. In Fargo v. Keeney, 11 N. D. 484, 92 N. W. 836, Mr. Chief Justice Wallin, in speaking of the scope of the review by this court, of orders such as this, said, in referring to § 5298 of the Codes which is § 6884, Rev. Codes 1905: “That section provides that said court…
2Cases cited15 opinions
- Citizens' National Bank v. BrandenNorth Dakota Supreme Court · 1910
- Renackowsky v. Board of Water CommissionersMichigan Supreme Court · 1900
- Summerfield v. Western Union Telegraph Co.Wisconsin Supreme Court · 1894
- Minnesota Thresher Manufacturing Co. v. HolzNorth Dakota Supreme Court · 1900
- Wheeler v. CastorNorth Dakota Supreme Court · 1903
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3Cited by5 opinions
- Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
- Johannes v. CoghlanNorth Dakota Supreme Court · 1912
- Northern Commercial Co. v. GoldmanNorth Dakota Supreme Court · 1917
- Truax v. AltonNorth Dakota Supreme Court · 1920
- G. Somers & Co. v. WilsonNorth Dakota Supreme Court · 1915